ELIG Gürkaynak Attorneys-at-Law (Istanbul)

Onur Özgümüş

ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Lawyer (of Counsel)

O. Onur Özgümüş is a counsel in the Competition Law and Regulatory department of ELIG Gürkaynak Attorneys-at-Law. He graduated from Koç University School of Law in 2008 and has been a member of the Istanbul Bar since 2009. He has been working in the Competition Law and Regulatory department of ELIG Gürkaynak since 2014. He has extensive experience in the areas of merger control, competition law compliance, cartel agreements and abuse of dominance cases. He has represented various multinational and national companies before the Turkish Competition Authority and Administrative Courts. He is fluent in English.

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Articles

2150 Bulletin

Gönenç Gürkaynak, Eda Duru, Onur Özgümüş Turkish Antitrust: An overview of competition law

389

This Special Issue presents a collection of significant merger precedents issued by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”), in recent years. The primary goal of this compilation is to offer useful insights on the Board`s approach to merger review, by way of providing a collection of illustrative examples on various trending topics in terms of the Board’s assessment and enforcement practices with respect to merger control.

Gönenç Gürkaynak, Onur Özgümüş, Fırat Eğrilmez, Melih Yağcı The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections

169

(1) Introduction The Turkish Competition Authority (“ TCA ”) recently published its Guidelines on Examination of Digital Data during On-site Inspections (“ Guidelines ”), which set forth the general principles with respect to the examination, processing and storage of data and documents held in the (...)

Gönenç Gürkaynak, Onur Özgümüş, Fırat Eğrilmez The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections

21

(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling for the (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority imposes administrative monetary fines on a manufacturer and distributor of heating systems for engaging in vertical restraints (Baymak)

80

This case summary concerns an analysis of the Board’s Baymak decision, which concerned an administrative monetary fine of TL 26,813,704.10 against Baymak Makina San. ve Tic. A.Ş. (“Baymak”) for the violation of Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) through (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)

31

This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the parties, both (...)

Gönenç Gürkaynak, Esra Uçtu, Onur Özgümüş Turkish Antitrust: An overview of Turkish competition law

850

The articles in this Special Issue aim to demonstrate how the Turkish Competition Board (the “Board”) paved the way for the harmonization of the Turkish competition law regime with European Union law over the span of the past decade on various fronts. In a similar vein, these articles also intend to shed light on the contemporary approach adopted by the Board in cases concerning anticompetitive practices, unilateral practices and mergers.

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves a merger focusing its analysis on whether the two state-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)

16

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets takes (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)

18

This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would exceed (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves the acquisition of a manufacturing company subject to the commitments submitted to the EU Commission (Nidec / Embraco)

20

This case summary concerns an analysis of the Board’s Nidec/Embraco decision, regarding the acquisition of sole control over the compressor manufacturing business (“ Embraco ”) of Whirlpool Corporation (“ Whirlpool ”) by Nidec Corporation (“ Nidec ”). Within the scope of its preliminary review (Phase (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority does not fine the notifying party for providing misleading information and approves the acquisition (Jacobs Group / Kasap Family / Jacobs TR)

18

This case summary concerns an analysis of the Board’s Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority holds that the indirect changes on the shareholding structures of two companies do not constitute concentrations and grants a negative clearance to the transaction (Turkland / Groupmed)

98

The Turkish Competition Board (“ Board ”) resolved that the transaction would not be deemed as a concentration requiring mandatory merger control filing before the Turkish Competition Authority (the “ Authority ”), given that the transaction would result in shifting alliances. To that end, the (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves the acquisition of sole control in the enterprise key management market and in the enterprise encryption software (Gemalto / Thales)

26

This case summary concerns an analysis of the Board’s Thales/Gemalto decision regarding the acquisition of sole control over Gemalto N.V. (“Gemalto”) by Thales S.A. (“Thales”). The Board indicated that the aggregate market share of the parties would be relatively high in the enterprise key (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves the acquisition of control over a chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)

84

The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). This case (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves acquisition of an IT company subject to a mandatory merger control although the transaction does not satisfy the jurisdictional turnover thresholds on a stand-alone basis (Zirve / Mikro)

71

By way of taking into account another transaction realized by the same acquirer within the same relevant product market previously, the Turkish Competition Board (“ Board ”) resolved that the contemplated transaction is subject to a mandatory merger control filing, although it does not satisfy (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves the acquisition of sole control realized by way of a reverse-triangular merger (UTC / Rockwell)

82

The Turkish Competition Board (“ Board ”) unconditionally approved the acquisition of sole control over Rockwell Collins, Inc. (“ Rockwell ”) by United Technologies Corporation (“ UTC ”) which will be realized by way of a reverse-triangular merger. This case summary concerns an analysis of the (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority conditionally approves an acquisition of sole control in the market for passive hydraulic actuators, subject to the commitments submitted before the European Commission (Valeo / FTE)

19

This case summary concerns an analysis of the Board’s Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected market in (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority rules that the existence of a casting vote should not hinder the acquisition of indirect joint control over a company in the healthcare sector (PSPIB / Partners Group)

76

“The Turkish Competition Board (“ Board ”) unconditionally approved the transaction concerning the acquisition of joint control over Cerba Healthcare (“ Cerba ”) by Public Sector Pension Investment Board (“ PSPIB ”) and Partners Group AG (“ Partners Group ”). To that end, the Board resolved that a (...)

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